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The Crown says it’s seeking an extraordinary sentence for an unprecedented crime, as court began hearing sentencing submissions Wednesday in the mischief case of Ottawa truck convoy leaders Tamara Lich and Chris Barber.
Crown prosecutor Siobhain Wetscher asked Justice Heather Perkins-McVey to impose a prison sentence of seven years for Lich and eight years for Barber.
But Barber’s lawyer called that “cruel and unusual punishment.” Instead, she argued her client should walk free with an absolute discharge.
Barber was found guilty in April of mischief and counselling others to disobey a court order, while Lich was convicted of mischief alone.
Wetscher admitted the sentences she’s asking for are at the upper end of the range — the Criminal Code sets a maximum of 10 years for mischief — but she argued that they’re justified.
“It’s not a sentence that is being sought lightly, but one that the Crown believes is proportional,” Wetscher said.
Wetscher said the pair played prominent leadership roles in the weeks-long occupation that took over downtown Ottawa for more than three weeks in early 2022. She said the Crown isn’t seeking to punish them for their political beliefs, but for crossing the line into “sustained criminality” that paralyzed the city and flouted the law.
“The Crown acknowledges that it’s seeking an extraordinary sentence in this case,” she said. “However, Mr. Barber and Ms. Lich are criminally responsible for extraordinary harm and profound impact to the public.”
She quoted from witness impact statements from residents and business owners who endured the protest, leaving them with hefty financial losses and lasting psychological scars.
“It’s difficult to imagine an offence of mischief with greater impact,” Wetscher said.
8 years an ‘abusive’ sentence: Barber’s lawyer
But Barber’s lawyer Diane Magas argued that examples of such offences are easy to find. She came armed with precedents, citing serious mischief cases that resulted in sentences far more lenient than what the Crown is seeking for Lich and Barber.
She mentioned Pat King, who was convicted for his role in the same protest but received a three-month conditional sentence, plus nine-months’ credit for time served.
Wetscher argued that King was a less influential figure among the Ottawa protesters compared to Lich and Barber.
But Magas cited still other cases. She brought up the “Black Bloc” protesters at the 2010 G20 summit in Toronto. They caused extensive property damage, including upending police cars and smashing storefronts, but received comparatively light sentences of under two years.
Magas said the fear and intimidation those protesters caused was “much more severe than in this case.” She said her client should get an absolute discharge, which would allow him to walk free without any jail term or criminal record.
“The sentence sought was excessive, abusive and would amount to cruel and unusual punishment,” she said of the Crown submission.
At the very least, she said Barber should be able to serve a conditional sentence in the community, not in prison.
Magas quoted from character letters that described Barber as a pillar of his community in Swift Current, Sask., a responsible business owner with strong family ties. She said a criminal record will mean a big hit to his trucking business, since it will make it difficult for him to cross the border into the United States.
She said there are also mitigating factors in how Barber handled the protest, such as his willingness to work with police to move some trucks from residential areas to Wellington Street.
Perkins-McVey agreed that was a mitigating factor, though she noted that it only limited the protest, without ending it.
Lawrence Greenspon, who represents Lich, is expected to make his sentencing submissions on Thursday.